The Basics of the California Point System

By
Mark Bigger
|May 04, 2017

The Negligent Operator Treatment System (NOTS) in California

NOTS is based on a point system depending on convictions for certain violations
of California Vehicle Code (CVC). This system uses warning letters, which
are computer-generated that issue broader sanctions against a drivers’
driving privileges. The NOTS system only affects California drivers that
are eighteen years of age or older. Younger drivers with restrictions
could be included in the NOT system when they break the provisions of
their restrictions.

Under this system, actions are based upon the number of points drivers
receive on their driving record within a specific period, such as:

· Level I A Warning Letter is sent after adding 2 points in one
year, 4 points in two years, and 6 points within three years. In addition,
a Warning Letter will be sent after the conviction of a serious incident.

· Level II A “Notice of Intent to Suspend” is sent after
adding 3 points in one year, 5 points in two years, and 7 points within
three years. In addition, a Warning Letter will be sent after the conviction
of a serious incident.

· Level III A Suspension and Probation order is sent after adding
4 points in one year, 6 points in two years, and 8 points within three
years. 34 days after an order has been sent the probation and suspension
period will begin and run simultaneously for six months, at which time
the suspension will stop, but the probation will continue for the full
twelve months. Except when an additional traffic violation is received
or a police report of collision regardless of fault is received by the
DMV while on probation. In such case, an additional suspension and probation
period will be added.

· Level IV NOTS Probation and Suspension Violation notice will be
sent when any of the following occur: Collisions or violations during
suspension; responsible collisions or point violations during probation;
Failure to Pay (FTP) or Failure to Appear (FTA) during probation; and/or
violation of provisional probation of anyone under 18 years of age.

These points are only added to a driving record by the Department of Motor
Vehicles (DMV) after receipt of a conviction notice from a court. Additionally,
when a law enforcement (LE) officer files a “responsible collisions” reportthat indicates the driver contributed to, was in part at fault, or
was entirely responsible for a collision.

A negligent operator is defined in California, as any driver whose record shows a record of
four (4) points in 12 months, six (6) points in 24 months, or eight (8)
points within 36 months.

An individual or a perspective employer (actually, anyone because it is
a public record) may request a copy of a driver’s record from the
DMV by submitting a
Request for Record Information INF 170 to find out how many points they have. This can also be used to
correct inaccurate records with the DMV when erroneous points are added
or not removed.

Five Examples of One-Point Violations in CA

Based on California's point system, the following are examples of one-point
violations:

· Disobeying traffic signals or signs.

· Conducting an illegal U-turn

· Driving in the bicycle lane

· Driving on the sidewalk

· Child safety restraint violations

As you can see these are mostly minor infractions for which you would pay
your fine and go. However, there are instances of more serious infractions
that are still only awarded one point, such as a failure to show due care
to a pedestrian in the roadway or a violation of the hazardous waste or
explosives laws of transportation.

Five Examples of Two-Point Violations

The following are examples of offenses that will result in two points being
placed on your driving record in CA:

· Driving at a speed over 100 MPH

· Hit and run collisions that result in damage to a property or
physical injury

· Reckless driving

· Driving a motor vehicle with a suspended or revoked license

· Vehicular manslaughter with gross negligence

As you can see, two-point violations are much more serious and an accumulation
of just two convictions within a year will lead to a driver’s license
suspension. This point system is enforced in cities like LA, Shafter,
Compton, and across California to ensure other drivers are safe.

Other than attending Traffic School, which is not allowed in a variety
of instances, particularly if you were driving a commercial vehicle at
the time of the violation and only every 18 months, only time will clear
your record of any points, so drive carefully and stay safe. You can find
a list of state-approved Traffic Schools on this
CA.GOV website.

Contact Bigger & Harman, APC

Bigger & Harman is one of the most respected Traffic Law Firms in California.
Mark and Paul are very proud of their reputation with commercial truckers.
They have a vast knowledge of the California Vehicle Code because they
only practice law in Traffic Court. With Bigger & Harman, it is so
much more than their good intentions; they also are experienced in the
courtroom with excellent results across SoCal.

When your license is about to be suspended because under the point system
you accumulated too many points, and you need assistance with a traffic
ticket in Kings, Kern, Inyo, Tulare, Riverside, San Luis Obispo (SLO)
or LA and another SOCAL county, call the professional team of Bigger &
Harman, 661-349-9300, or email:
attorney@markbigger.com to set up your confidential, FREE consultation, with no obligation.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.